Gregg v Fairfax Media Publications Pty Limited [2016] FCA 1470

FEDERAL COURT OF AUSTRALIA

Gregg v Fairfax Media Publications Pty Limited [2016] FCA 1470 File number: NSD 553 of 2016

Judge: RARES J

Date of judgment: 1 November 2016

Catchwords: DEFAMATION – trial by jury – whether to be ordered – Federal Court of Australia Act 1976 (Cth) ss 39, 40 – whether limitations to power to order trial by jury under s 40 – whether "expedient" under s 40 to order trial by jury PRACTICE AND PROCEDURE – where application for trial by jury filed out of time fixed in case management orders and without explanation for delay – Federal Court of Australia Act 1976 (Cth) – whether granting trial by jury consistent with overarching purpose and party's duties under s 37M – whether in the interests of justice to grant trial by jury

Legislation: Civil Law (Wrongs) Act 2002 (ACT) Constitution s 80 Corporations Act 2001 (Cth) s 184, 233 Crimes Act 1914 (Cth) s 4J Criminal Code Act 1995 (Cth) Defamation Act 2005 (NSW) ss 11, 21, 22, 30 Federal Court of Australia Act 1976 (Cth) ss 39, 40 Federal Court Rules 2011 r 16.02

Cases cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Campbell v Backoffice Investments Pty Limited (2009) 238 CLR 304 Daniels v State of New South Wales (No 6) [2015] NSWSC 1074 Helton v Allen (1940) 63 CLR 691 McDermott v Collien (1953) 87 CLR 154 Owners of "Shin Kobe Maru" v Empire Shipping Company Inc (1994) 181 CLR 404 Ra v Nationwide News Pty Ltd (2009) 182 FCR 148 Rejfek v McElroy (1964) 112 CLR 517 Roozendaal v Fairfax Digital Australia and New Zealand Pty Limited (2015) 232 FCR 487 Tamaya Resources Limited (in Liq) v Deloitte Touche Tohmatsu (2016) 332 ALR 199